This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1914 edition. Excerpt: ... The jury should be allowed to take with them In retirement, the sworn statement of the plaintiff concerning his claim against tile railway company--a paper which had been admitted in evidence. H., E. & W. T. Ry. Co. v. Wilson (Civ. App.) 84 S. W. 276. Where the opposite party agreed in writing that expected testimony of an absent witness was true, and a paper containing a statement thereof was admitted in evidence, the paper also containing a statement of what another person would testify to, the other person having been a witness at the trial, the court did not err in refusing to permit the jury to take the paper with them in their retirement. Hall v. Cook (Civ. App.) 117 S. W. 449. For the jury to take with them on retiring an Instrument, part of which had been excluded, held not ground for reversal, in the absence of a showing that they read It. West v. Houston Oil Co. of Texas, 66 C A. 341, 120 S. W. 228. Where letters and telegrams In relation to the transaction in issue were received is evidence, it was error to refuse to permit the jury, when they retired to consider tlie verdict, to take with them the letters and telegrams. Blard & Scales v. Tyler Building 4 Loan Ass'n (Civ. App.) 147 S. W. 1168. Under the express provisions of this article it was proper for the court to permit tbe jury to take with them on retiring such copies of letters as had been properly introduced in evidence. Curtsinger v. McGown (Civ. App.) 149 S. W. 303. Map or report of surveyor.--A Jury should not take with them in retirement i map made by a witness Intended to illustrate his testimony. Snow v. Starr, 76 T. 411, U S. W. 675. In an action to establish a boundary, it is proper to permit the jury to take with It, on retiring, the report of a surveyor who...
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